Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 11 Passing of title to archaeological and historic objects, etc., obtained through dishonesty | ||
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Non-application of market overt rule and rule relating to sale under voidable title in certain cases | ||
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131. (1) Where an archaeological object, historic object, or object removed from a monument to which general protection applies or special protection applies, is sold without the relevant authorisation, section 22 (1) or 23 of the Sale of Goods Act 1893 , or any rule of law relating to sale in market overt or sale under voidable title, shall not apply to the sale of that object so as to give good title to the purchaser of that object. | ||
(2) Subsection (1) is in addition to, and not in substitution for, section 56 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . | ||
(3) In this section, “relevant authorisation”, in relation to the sale of an object referred to in subsection (1), means a sale of the object pursuant to an authorisation given— | ||
(a) by the owner of the object or another person entitled to authorise the sale, and | ||
(b) freely and without fraud, deception, misrepresentation, duress or undue influence. |